BARADIYA COLONY VIKAS SAMITI Vs. RAMCHANDRA KASLIWAL

JUDGEMENT

(1.) MR. Ram Chandra Kasliwal, a prominent lawyer, filed a petition in the nature of public interest litigation praying that directions be given to the State of Rajasthan to remove/demolish encroachments made in the famous Ram Niwas Garden by R. S. E. B. P. H. E. D. N. C. C. etc. and the vehicular traffic which had turned the park into a thorough-fare should be stopped and prohibited. He also prayed that the vehicles which come to Ravindra Manch should not enter through the main entrance gate of Ram Niwas Garden and it should be provided a separate approach. He also prayed that identity of the garden must be maintained and activities like Circus, public meetings, Kavi Sammelan etc. should be banned therein. V. S. Dave J. as he then was, while deciding the writ petition aforesaid gave several directions which are being reproduced below: 1. Ramniwas garden shall be kept as a park within the meaning of the Act of 1956 and no to pass through it with the exception that such narrow lines may be made for bringing certain vehicles inside for the purpose of catering to the needs of animals in the Zoo and for carrying manure for land and plants and for removing garbage from the garden. 2. The vehicular traffic which now passes through Ramniwas Garden shall be diverted on Moti Dungari Road and Tonk Road (Sawai Ramsingh Highway ). Encroachments on these roads shall be removed and roads widened so as to make it suitable for fast moving traffic. 3. The Museum Marg shall be made as a link road between Moti Dungari Road and Jawahar Lal Nehru Marg passing through the rear portion of the Museum. This Museum Marg shall be widened and will have a divider passing through Ramniwas Garden upto Jawahar Lal Nehru Marg keeping the Marble Chhatri existing in the garden in tact. If need be it will be open to the J. D. A. to construct the road on the vacant area covered by Footpath and lawn parallel to Nursery and the children garden. 4. Carriage way on Aarogya Path joining Jawahar Lal Nehru Marg with Tonk Road shall be widened and made as regular link road. J. D. A. may request the hospital authorities to get the quarters vacated falling on this road providing the occupants alternate accommodation and widening may be done by acquiring that land. J. D. A. may allot alternate land or pay such compensation as is agreed upon between J. D. A. and the hospital authorities. 5. Proper barriers shall be placed at various points marked in the map and they shall be so made that even Scooters and Cycles are not permitted inside. 6. Parking places shall be provided towards the museum road, Jawahar Lal Nehru Marg and the buffer Zone between the main gate opposite Chaura Rasta and the barrier to be placed at point No. 2 in the map, in the garden. 7. Area under the occupation of R. S. E. B. and P. H. E. D. shall be demarcated. They shall not be permitted to increase the area already under occupation and shall have their independent entrance and new link road shall be constructed behind R. S. E. B. and P. H. E. D. Offices connecting sir Mirza Ismail Road from the point where present gate opposite Mansingh Cinema exists with Tonk Road at a point almost opposite M. G. D. School. 8. Existing Cafeteria and other Stalls which are at present located in the enclosures may either be regularised and retained at those places or the garden authorities in consultation with the J. D. A. may provide them some other place but in any case they shall be directed not to use cock or wood fuel for the purpose of cooking. They shall only be permitted to use L. P. Gas. They shall be directed to keep proper garbage containers and it shall be either responsibility for getting them removed and in case garden Authorities are forced to remove it the same shall be at the cost of Stall holders and cafeteria. The lisencees if violate the conditions the Authorities may terminate their licence in accordance with law and ask them to vacate the premises. 9. The Kiosque shall be constructed on all the corners of the garden in accordance with the specification to be decided in consultation with J. D. A. making proper arrangements for throwing garbage. Khomchas, Thelas and Hawkers shall not be permitted to stand anywhere except the area earmarked places to be earmarked by the Authorities. They shall in no case be permitted to spoil the environment of the garden. 10. In view of the fact that S. M. S. Stadium and Chaugan Stadium have been made, the State Govt. and the Sports Council should negotiate for carrying on J. C. C. and Union Foot-ball activities at some other places. If this cannot be done, the Union Foot-ball ground shall have its entry from Gem Cinema right side only. 11. The ladies club shall use its premises only for the activities connected with the objects of the club and shall not let out for marriage purposes and such other purposes which are not germain to the objects of the club. 12. The traffic to Ravindra Munch Complex and the Union Foot-ball ground and the area which is used for flower shows, vegetables and horticulture exhibitions etc. be permitted only from the gate opposite Gen Cinema. 13. The P. W. D. in consultation with the town planner shall construct such shed or sheds as is considered necessary providing proper benches for resting to the visitors of the garden. However, it shall, in no case, obstruct the view of Albert Hall and Museum from either side. 14. The State Government if, for reasons to be recorded by concern Authorities, deems it proper to permit any cultural or educational activity in any part of the garden it shall provide for special budget to the garden Authorities for repair any damage if per chance done, 15. Annexure-A is made a part of this order which indicates the portion marked by red pencil to indicate that in no manner any type of violation of the aforesaid conditions shall be made in future and roads indicated by blue pencil shall be properly constructed and maintained. 16. It shall be lawful for the State Authorities in consultation with the JDA to acquire in future any land beyond the read mark portion in Annexure 1 for the purpose of development of the city. 17. The Municipal Corporation shall not permit any garbage or rubbish or meat or flesh on the road side on Moti Dungari road. "

(2.) THE present civil miscellaneous application No. 28538 dated 20. 9. 2005 has been filed by the Tourism Department, Government of Rajasthan through Mr. Vinod Jutshi, Secretary to Government, Deptt. of Tourism seeking permission of the Court to use the Ram Niwas Garden and Albert Hall from 8. 10. 2005 to 5. 11. 2005 so that `vijayadashmi (Dusshera) and Diwali Utsav' can be organised and arrangements at the above places could be made on the terms and conditions as this Court may deem think proper in the facts and circumstances of the case.

(3.) THE question that however, arises is as to whether the Court should grant permission for the festive activities chalked upon by the Government at Ram Niwas Garden and Albert Hall in view of the two fold objections raised by the petitioner, as noted above.